DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees of the Roman Catholic Church for the Diocese of Maitland Newcastle T/A The Diocese of Maitland Newcastle Catholic Schools Office
(AG2020/2128)

CATHOLIC SCHOOLS OFFICE, DIOCESE OF MAITLAND-NEWCASTLE EMPLOYEES ENTERPRISE AGREEMENT 2019-2021

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 AUGUST 2020

Application for approval of the Diocese of Maitland-Newcastle, Catholic Schools Office Staff Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Diocese of Maitland-Newcastle, Catholic Schools Office Staff Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Trustees of the Roman Catholic Church for the Diocese of Maitland Newcastle (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 25 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Schools) General Staff Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Trustees of the Roman Catholic Church for the Diocese of Maitland Newcastle T/A The Diocese of Maitland Newcastle Catholic Schools Office, the applicant sought approval for the Staff Enterprise Agreement 2019-2021. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not comply with the legal standards.

The central legal issues before the Commission involved assessing the fairness of the proposed agreement, particularly in relation to the provisions concerning employee entitlements, working conditions, and procedural fairness. The Commission had to determine if the agreement was procedurally sound and if it provided for minimum terms and conditions of employment that were fair and reasonable. The Court considered submissions from both parties and evidence provided regarding the negotiation process and the content of the agreement.

The Fair Work Commission found that the application for approval was valid and that the negotiation process had been conducted in good faith. The Commission determined that the agreement was fair and reasonable, and it complied with the statutory requirements. The Commission noted that the agreement provided for appropriate minimum terms and conditions, including provisions for leave, hours of work, and dispute resolution mechanisms. The Commission was satisfied that the agreement was procedurally sound and provided for fair and reasonable terms and conditions of employment.

Accordingly, the Commission approved the Staff Enterprise Agreement 2019-2021, subject to the terms and conditions set out in the approval order. The decision was made in accordance with the statutory requirements under the Fair Work Act 2009, and the agreement was approved as a registered agreement. The final orders of the Commission were that the Staff Enterprise Agreement 2019-2021 be approved and registered as a valid agreement under the Act.

The Trustees of the Roman Catholic Church for the Diocese of Maitland Newcastle T/A The Diocese of Maitland Newcastle Catholic Schools Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established